Mahitosh Majurndar, J. - (1.) This writ application is directed against the charge-sheet, as contained in page 34 of the Writ application, which was issued to this effect that while the petitioner was performing his duties in the Vehicle on the Durgapur-Puri Route, the vehicle was checked by the Flying Checking Squad at Baleswar Bus Stand and it was detected that the petitioner had allowed seven passengers of different states to travel in the said bus without tickets till the time of checking and the amount realised from these passengers against the tickets issued subsequently under the Order of the Checking Squad was Rs. 107.35. After receipt of the charge-sheet the petitioner made his reply thereto. Thereafter, the enquiry proceeding was commenced, continued and concluded and the petitioner was found guilty. The petitioner came up before this Court against the Order of suspension and also the second Show Cause Notice. On September 12, 1986 this Court disposed of the writ petition by setting aside and quashing the second Show Cause Notice and liberty was granted to the petitioner to join his duties in the same post as he was occupying prior to the issuance of the Order of suspension. Against the said Order the respondents preferred an appeal and the Appeal Court allowed the appeal by setting aside the Order passed by the learned Trial Judge on September 12, 1986.
(2.) Pursuant to the Order passed by the Court of Appeal on June 8, 1987, the Managing Director of the Durgapur State Transport Corporation passed the final Order as contained in annexure 'Q' to the writ application, stating, inter alia that the petitioner had been found guilty once before and was dismissed from service. He was reinstated on mercy petition and it was rather unfortunate that the petitioner had not rectified his misconduct and his present offence was more severe and detrimental to the interests of the Corporation and he be dismissed from service with immediate effect. His suspension period was confirmed and he should not earn anything more except the subsistence allowance allowed to him during the period of suspension.
(3.) From a reference to the said Order it. appears that the past service of the petitioner was taken into account. There is no such mention of the past record either in the charge-sheet or during the course of the charge-sheet. Even though there is no mention of the said past record in the Charge-sheet.;